84R1310 JSC-D
 
  By: Rose H.B. No. 212
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to consent to the immunization of certain children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 32, Family Code, is
  amended by adding Section 32.1012 to read as follows:
         Sec. 32.1012.  CONSENT TO IMMUNIZATION BY CERTAIN CHILDREN
  COMMITTED TO TEXAS JUVENILE JUSTICE DEPARTMENT. (a)
  Notwithstanding Section 32.001, 32.003, or 32.101, a child may
  consent to the child's own immunization if:
               (1)  the child is 14 years of age or older and is
  committed to the Texas Juvenile Justice Department under Title 3;
               (2)  the health care provider administering the
  immunization has on file a valid consent form for the medical
  treatment of the child completed by a parent, managing conservator,
  or guardian of the child or other person who, under the law of
  another state or a court order, may consent for the child or a
  person authorized to consent to the treatment under Section 32.001;
  and
               (3)  the health care provider administering the
  immunization has made a reasonable attempt to contact the person
  who completed the consent form described by Subdivision (2) and was
  unable to contact that person for consent to the immunization.
         (b)  Notwithstanding Subsection (a), a provider may not
  administer an immunization to a child under this section if the
  provider has actual knowledge that a parent, managing conservator,
  or guardian of the child or other person who, under the law of
  another state or a court order, may consent for the child has
  expressly refused to give consent to the immunization.
         (c)  A child who consents to immunization under this section
  shall provide the health care provider with sufficient and accurate
  health history and other information for the child and, if
  necessary, sufficient and accurate health history and information
  about the child's family to enable the child and the health care
  provider to determine adequately the risks and benefits inherent in
  the proposed immunization and to determine whether immunization is
  advisable.
         (d)  Consent to immunization under this section must meet the
  requirements of Section 32.002(a).
         (e)  Consent by a child to immunization under this section is
  not subject to disaffirmance because of minority.
         (f)  A health care provider or facility is not liable for the
  immunization of a child under this section except for the
  provider's or the facility's own acts of negligence.
         (g)  To the extent of any conflict between this section and
  Section 32.003, this section controls.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.